Welsh's Estate
Supreme Court of Pennsylvania
Appeal, No. 5, Oct. T., 1913, of Commonwealth Trust Company, administrator d. b. n. c. t. a. of T. W. Welsh, deceased, from decree of O. C. Allegheny Co., Oct. T., 1911, No. 23, dismissing exceptions to adjudication In re Estate of Jemima Welsh, deceased. Exceptions to adjudication.
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Appeal, No. 5, Oct. T., 1913, of Commonwealth Trust Company, administrator d. b. n. c. t. a. of T. W. Welsh, deceased, from decree of O. C. Allegheny Co., Oct. T., 1911, No. 23, dismissing exceptions to adjudication In re Estate of Jemima Welsh, deceased. Exceptions to adjudication. Hawkins, P. J., filed the following opinion: (1) There is a preliminary question involved in this case whether or not the pecuniary legacy given Mrs. Welsh by her husband was absolute, or, simply with a power of consumption. The question arises out of this clause of Mr. Welsh’s will: “Third. I give and bequeath to…
1Opinion of the Court
Per Curiam,
We concur in the opinion of the Orphans’ Court that the discretion of Jemima Welsh, in the use of the legacy bequeathed by her husband was absolute and that in the absence of evidence that any part of it was left at her death, the inference was that she had exercised her undoubted right and had used all of it.
The decree is affirmed.
2Cited by13 opinions
- Kirkpatrick's EstateSupreme Court of Pennsylvania · 1925
- Rosenberg v. BaumCourt of Appeals for the Tenth Circuit · 1946
- Chambers, Admr. v. Williams, Admr.Supreme Court of Arkansas · 1939
- In Re Estate of CummingsSupreme Court of Pennsylvania · 1981
- Nelson v. HorsfordSupreme Court of Iowa · 1926
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